Thursday, April 10, 2014

How do we know Police Lie In Reports & In Court? It's been documented over-and-over, say San Diego California DUI research attorneys

It's long been noted policemen will sometimes lie under oath or in the police report.  Prosecutors have pointed this out.  Attorney Generals/Governors have pointed this out.  Courts have noted it. [People v. Cook, 22 Cal.3d 67 (1978)]

3 reasons have been stated why police perjury may occur:

"1. That the natural desire of a police officer to see a criminal brought to justice may cause him to be less than candid in connection with a collateral inquiry which does not go to what appears to him to be the only relevant question:  was the defendant a thief? 

2. That law enforcement is often a 'competitive enterprise' (Terry v. Ohio, 392 U.S. 1, 12 [20 L.Ed.2d 889, 900, 88 S.Ct. 1868]Johnson v. United States, 333 U.S. 10, 14 [92 L.Ed. 436, 440, 68 S.Ct. 367]; and 

3. That a police officer who has conducted an illegal search and seizure may be subject to criminal, civil and disciplinary sanctions."  [People v. Dickerson, 273 Cal.App.2d 645, 650 fn.4 (1969)]

Police sometimes lie especially in DUI or Drugs cases say San Diego California DUI lawyers.

Police lying is why we need video and audio taping in California patrol cars and breath test rooms to monitor DUI cops, say San Diego attorneys.

Courts have laid out rules for deciding cases when there is evidence contradicting police testimony.

Police lying has been noticed by numerous legal commentators.  Sometimes the police testimony is "inherently unreal." Sometimes there is "independent contradiction of the police testimony" or corroboration of the defendant's testimony. Videos always help.

The Los Angeles Times today reports that LAPD police officers incorrectly testified that they had seen drug defendant Guillermo Alarcon discard a small box as they chased him into his Hollywood apartment. 

The police officers in a criminal trial said officer Evan Samuel had quickly located the box and found it stuffed with crack and powder cocaine. 

In Alarcon's criminal trial, LAPD Officers Manuel Bernardo Ortiz, Evan Samuel and Richard Amio committed perjury. 

Charges against Alarcon were abruptly dropped when Alarcon's criminal defense attorney presented in court a video that contradicted all three officers' testimony.

The criminal defense lawyer showed a video proving it took multiple officers about 20 minutes of searching before the container was found.

The video also featured officers talking about Ortiz finding the box, which directly contradicted his testimony. Ortiz had said he did not participate in the search.

Officer Manuel Bernardo Ortiz, who was convicted of one count each of perjury and conspiracy, must perform 900 hours of graffiti removal or work for the California Department of Transportation.

Ortiz, 40, was one of three Los Angeles Police Department officers convicted in connection with the arrest of Guillermo Alarcon Jr. Former officers Evan Samuel and Richard Amio were convicted of multiple counts of perjury for testifying falsely during different court proceedings. Samuel also wrote a police report that contained inaccuracies.

Ortiz was relieved of duty without pay during the criminal proceedings, according to a police source with knowledge of the case who requested anonymity because officer discipline matters are confidential. The department will now press ahead with efforts to have Ortiz fired if he does not resign first.

Amio resigned from the LAPD in February, the source said. Samuel, who had left the LAPD for the Chino Police Department in 2008, was fired from that agency following his conviction.

Prosecutors argued that all three officers should serve time in state prison, but the men instead were sentenced to perform community labor.

Chicago Drug Cops just got caught lying, too.